Foreclosure and Late Application

Nobuhle Nanasi Ncube v CBZ Bank Limited & Others (HC 1670/11)

Case Summary

CourtHigh Court of Zimbabwe

JudgeMathonsi J

PartiesNobuhle Nanasi Ncube vs CBZ Bank Limited, The Sheriff for Zimbabwe, Bulawayo Real Estate

TypeUrgent Chamber Application

Core IssueLate filing of application to suspend property sale

OutcomeApplication dismissed with costs on attorney and client scale

Applicant signed as surety for Balemu Safaris (Pvt) Ltd loan on April 6, 2009
Mortgage bond registered against Stand 108 Mahatshula Township
Summary judgment obtained against applicant on February 26, 2010

Key dates:

Writ of execution served: May 13, 2010
Initial sale date: August 27, 2010 (cancelled)
Settlement deadline: November 30, 2010
New sale date: June 24, 2011
Application filed: June 17, 2011

Legal Principles & Considerations

Rule 348A(5a) requirement for filing within 10 days

Necessity of condonation application for late filing

Requirements under Rule 4C(a) for departure from rules

Principles for granting condonation:

Explanation for delay
Prospects of success
Prejudice to other parties
Length of delay

Court's Analysis & Reasoning

The court found several critical issues:

Application filed 13 months after deadline
No condonation application submitted
Cannot rely on Rule 4C without proper application
Previous Supreme Court precedents requiring condonation
Brazen disregard of clear procedural requirements

Final Orders & Implications

The court ordered:

Dismissal of the application
Costs awarded on attorney and client scale

Key Implications:

Reinforces strict adherence to procedural requirements
Establishes importance of timely condonation applications
Demonstrates courts’ unwillingness to overlook procedural defects
Warns against attempting to bypass established legal procedures